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The Fifth Circuit is Wrong on the Internet

The Lawfare Podcast

CHAPTER

What's the Middle Path to a Middle Way?

I think that governments, whether it's texas or florida or any other government, even if they're motivated by partisan motives, have an interest in making sure that people can express themselves on private platforms. The fact that they're private doesn't mean that the interests in the values underlying the first amendment right of free expression no longer apply. And i also think that platforms, you know, sure, have their own first amendment rights, but most importantly, work to create a communicative environment that encourages their users. First amendment writes in a particular user's ability to speak freely. It's just not the case, as the fifth circuit kept saying over and over again in its opinion,

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